On Jan. 31, the Ninth Circuit Court of Appeals unanimously affirmed the lower court’s dismissal of Fields v. Twitter. The decision protects the social media company from liability in connection with an a...

This past week, the military commission in United States v. al-Nashiri reconvened in open session for the first time since November, with open sessions on Jan. 19 and 22.

On Tuesday, I wrote about the constitutional* question raised the government’s interest in transferring John Doe—a dual Saudi-U.S. citizen in U.S. military custody in Iraq—to another state. The American ...

The Trump administration is trying to turn counterterrorism into an immigration issue.

In a prior post, I surveyed the affirmative reasons why a judge might prohibit a transfer of John Doe to Saudi or Iraqi custody. I discussed several possible arguments Doe might make, such as fear of tor...

Earlier this week, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) issued a joint report, Executive Order 13780: Protecting the Nation From Foreign Terrorist Entry Into the ...

Last week, the military commission in United States v. Khalid Sheikh Mohammed et al.—relating to five individuals suspected of being involved in the 9/11 terrorist attacks—reconvened for pretrial proceed...

Should a federal judge bar the U.S. military from transferring to another country a dual U.S.-Saudi citizen whom we have been holding as an enemy combatant in Iraq for the past several months?

Has the U.S. government’s authority to use military detention under the 2001 authorization for the use of military force (AUMF) quietly expired? So argue a group of eleven Guantanamo detainees in a habea...

The Departments of Justice and Homeland Security issued a report Tuesday that inspired a presidential tweet: “New report from DOJ & DHS shows that nearly 3 in 4 individuals convicted of terrorism-related...